DILIP KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have approached this Court from the correctional home challenging their conviction and sentence for commission of offence punishable under sections 498A/34 and 302/34 of I.P.C vide a judgment and/or order dated 21/24.11.2008 passed by the learned Additional Sessions Judge, Fast Track, 2nd Court, Paschim Medinipur in Sessions Trial Case No. XXXV of December 2006.

(2.) Prosecution case, as alleged, against the appellants is to the effect that one Sima (since deceased) was married to Dilip Karmakar, appellant No.1 one year five months prior to the incident. At the time of marriage dowry of Rs.10,000/-, gold ring, gold chain, ear rings, clothing and gifts etc. were given by Sankar Dhara, father of the deceased (P.W.1) to the appellants being the husband and other in- laws of the victim housewife. Two months after the marriage, the appellants started subjecting her to mental and physical torture and demanded an additional amount of Rs.5,000/. As Sankar Dhara, father of the deceased was financially weak, he was unable to meet such demand. As a result, Sima was subjected to physical assault and was not even provided with adequate food.

(3.) On the date of the incident i.e. 20.09.2005 Sima was beaten up by the appellants and thereafter appellant Nos.2, 3 and 4 being the father-in-law, mother-in-law and sister-in-law set her on her fire after pouring kerosene on her. Her husband (appellant no.1 herein), rushed to the spot and tried to douse the fire with water. Sima was admitted at Midnapur Sadar Hospital and a written complaint dated 22.09.2005 was lodged by her father Sankar Dhara at Kharagpur (Local) Police Station under sections 498A/326/307 of I.P.C and 3/4 of the D.P. Act against the appellants. Sima expired in the hospital three days after the incident and offence under section 302 of the I.P.C was added to the array of accusations in the FIR.